Unpaid Overtime › FLSA

Will Comp Time Become A Reality For The Private Sector?

On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime. ...more

UniTek Argues $3.8M FLSA Award Cannot Stand in Light of Seventh Circuit Decertification Decision

In a recent motion filed in Monroe v. FTS USA, LLC, No. 2:08-cv-02100 (D.E. 441-1), defendants Unitek USA, LLC and its subsidiary, FTS USA, LLC, (collectively “UniTek”) asserted that a $3.8 million judgment awarded to a class...more

Ohio District Court Denies Conditional Certification In FLSA Case

We’ve commented before that while most courts apply a fairly lenient standard at the “conditional certification” phase of Fair Labor Standards Act collective action litigation, plaintiffs tend to have a harder time in...more

Liquidated Damages Are Not Mandatory For FLSA Retaliation Claims In Eleventh Circuit

Deciding an issue of first impression, in Moore v. Appliance Direct, Inc., the Eleventh Circuit has held that courts have the discretion to award liquidated damages in FLSA retaliation suits. Unlike suits for minimum wage or...more

Inside Sales Exemption Poorly Understood by Many Employers

Over the past decade, employers have faced a continuing stream of claims alleging that employees have been misclassified as exempt from overtime compensation rules, as well as state laws regarding meal periods and rest...more

Seventh Circuit Holds That Individualized Damages Preclude Certification

On Monday, February 4, the Seventh Circuit decided Espenscheid v. DirectSat, Inc. The decision is notable for two holdings. First, Judge Posner held, rather summarily, that there is no good reason to distinguish certification...more

7th Circuit Raises Bar For FLSA Collective Actions

Plaintiffs' attorneys in Illinois, Indiana and Wisconsin will likely think twice before attempting to mount collective actions under the Fair Labor Standards Act (FLSA) in the wake of a new ruling from the 7th Circuit Court...more

Eastern District Of New York Approves FLSA Notice That Includes Plaintiff’s Law Firm’s Website

Kemper v. Westbury Operating Corp., 12-cv-0895 (E.D.N.Y. Oct. 18, 2012): The plaintiff, a former housekeeper, alleged that the defendant failed to pay overtime in violation of the Fair Labor Standards Act (FLSA) and New York...more

Law School Grad Working as Graphic Consultant Not Exempt From Overtime Requirements: Reinforces Need To Evaluate Primary Duties...

Kadden v. VisuaLex, LLC, No. 11-CV-4892(SAS) (S.D.N.Y. Sept. 24, 2012, Sheindlin, J.): The plaintiff, a law school graduate, brought suit against her former employer, VisuaLex, LLC, seeking to recover unpaid overtime and...more

Southern District Of New York Examines The Meaning Of “Employer” For Related Company And Individual Defendants Under The FLSA

Reiseck v. Universal Commc’ns of Miami, No. 06-CV-777(TPG) (S.D.N.Y. Aug. 23, 2012, Greisa, J.): The plaintiff, who was employed by defendant Universal Communications of Miami (Universal) as its Regional Director of Sales,...more

Third Circuit Clarifies Standard For Final Certification Of FLSA Collective Actions

In Zavala v. Wal-Mart Stores, Inc., 2012 WL 3217522 (3d Cir. August 9, 2012), the Third Circuit Court of Appeals clarified the standard for final certification of a collective action under the Fair Labor Standards Act (FLSA),...more

Supreme Court’s Rx for Pharmaceutical Industry

For the past decade, employers have been frustrated by what they describe as a moving target when it comes to properly classifying employees as either exempt (and thus not eligible for overtime) or non-exempt (and thus...more

Does Lady Gaga Owe Assistant OT?

Imagine you are the personal assistant for the world’s most famous artist, Lady Gaga. You have the opportunity to travel the world, meet famous people and watch your boss hit the button to drop the “ball” in Times Square on...more

Lady Gaga Personal Assistant Overtime FLSA Claim

Jennifer L. O'Neill v. Mermaid Touring Inc.

Court filing by Lady Gaga's former personal assistant, Jennifer O'Neill, claiming failure to pay overtime and premium wages in violation of the Fair Labor Standards Act (FLSA). According to the filing, O'Neill's primary...more